Molefe v Eskom Holdings SOC Limited and Others (J1276/17) [2017] ZALCJHB 281 (4 July 2017)

Molefe v Eskom Holdings SOC Limited and Others (J1276/17) [2017] ZALCJHB 281 (4 July 2017)

The Labour Court declined to decide the lawfulness of the applicant's dismissal before the High Court had determined the antecedent issues regarding the existence and lawfulness of the employment relationship. The court found that the relief sought by the applicant necessitated a prior finding on whether he was lawfully employed as at 2 June 2017, which was the subject of pending High Court proceedings. To avoid piecemeal adjudication and the risk of conflicting judgments, the court postponed the main application sine die, allowing the applicant to enrol the matter after the High Court has given judgment. The application to refer the matter to trial was dismissed as premature and...

Citation
[2017] ZALCJHB 281
Parties
Applicant: Brian Molefe; Respondent: Eskom Holdings SOC Limited; Respondent: Minister of Public Enterprises; Respondent: The Democratic Alliance; Respondent: The Economic Freedom Fighters
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 July 2017
Case Number
J1276/17
Procedural Posture
Urgent Application / Application for Order Declaring Dismissal Unlawful and Void Ab Initio; Interlocutory Applications for Joinder and Referral to Trial
Outcome
Main application postponed sine die; application to refer matter to trial dismissed with costs; DA and EFF joined as respondents.
Judges
Prinsloo
Legal Topics
Unlawful Dismissal, Employment Contract, Joinder of Parties, Forum Shopping, Specific Performance, Arbitration Clause
Labour Law Civil Procedure Unlawful Dismissal Employment Contract Joinder of Parties Forum Shopping Specific Performance Arbitration Clause

Case Brief

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Parties

Brian Molefe

Applicant

Eskom Holdings SOC Limited

Respondent

Minister of Public Enterprises

Respondent

The Democratic Alliance

Respondent

The Economic Freedom Fighters

Respondent

Procedural Posture

Urgent Application / Application for Order Declaring Dismissal Unlawful and Void Ab Initio; Interlocutory Applications for Joinder and Referral to Trial

Legal Issues

  1. 1 Whether the applicant's departure from Eskom in December 2016 was a resignation or an invalid early retirement agreement.
  2. 2 Whether the reinstatement agreement entered into in May 2017 was valid and lawful.
  3. 3 Whether the applicant was dismissed on 2 June 2017 and, if so, whether such dismissal was unlawful.

Ratio Decidendi

The Labour Court declined to decide the lawfulness of the applicant's dismissal before the High Court had determined the antecedent issues regarding the existence and lawfulness of the employment relationship. The court found that the relief sought by the applicant necessitated a prior finding on whether he was lawfully employed as at 2 June 2017, which was the subject of pending High Court proceedings. To avoid piecemeal adjudication and the risk of conflicting judgments, the court postponed the main application sine die, allowing the applicant to enrol the matter after the High Court has given judgment. The application to refer the matter to trial was dismissed as premature and...

Court Disposition

Main application postponed sine die; application to refer matter to trial dismissed with costs; DA and EFF joined as respondents.

Orders

  • The application to refer the matter to trial is dismissed with costs.
  • The main application is postponed sine die.